Jordan v. Greater Dayton Premier Mgmt.

Full title: Renee JORDAN, Jordan, v. GREATER DAYTON PREMIER MANAGEMENT, et al.…

Court: United States District Court, S.D. Ohio, Western Division.

Date published: Mar 28, 2014

Facts

Renee Jordan, a blind participant in HUD’s Section 8 Housing Choice Voucher Program, filed a complaint of discrimination in 2006, alleging that DMHA violated Section 504 of the Rehabilitation Act by not providing her with microcassette tapes of all written correspondence. HUD and DMHA entered into a Voluntary Compliance Agreement (VCA), but Jordan’s attorney, Christopher Green, testified that he was unaware of the VCA. The issue resurfaced in 2012 when GDPM assumed authority for administering the Voucher Program. Green argued that federal regulations did not require audiotapes, but neither agency could provide free reading services. Jordan filed a complaint and motion for a preliminary injunction, claiming that without the micro cassette tapes, she faces an ongoing risk of unknowingly missing appointments or deadlines, potentially leading to homelessness.

Issue

Decision

Having carefully weighed each of the factors set forth above, the Court SUSTAINS Plaintiff’s Motion for Preliminary Injunction, Doc. # 1. Until such time as this matter is fully resolved, either through continued litigation or a negotiated settlement, GDPM is ordered to provide microcassette tapes of all written materials it sends to Renee Jordan.

The Court will hold a telephone status conference on Thursday, April 10, 2014, at 4:00 p.m. to determine the next step in this litigation. In the meantime, in view of all that has been discussed herein, before any additional attorneys’ fees are incurred, the Court strongly urges the parties to attempt to resolve this matter. A negotiated settlement would appear to be even more advantageous in light of HUD’s January 24, 2014, Letter of Findings of Non–Non-Compliance, threatening to withdraw GDPM’s federal funding.

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